ORDER

Date : 13-03-2020 Heard Mrs. R. Choudhury, learned counsel for the petitioner/ appellants and Mrs.

P. Bhattacharya, learned counsel for the respondents.

2. The respondent nos.1 and 2 are the plaintiffs in T.S. No.24/2015. There are five defendants in the suit, viz., respondent no.3 (defendant no.1) and the petitioners/ appellants herein (defendants No.2 to 5). The suit was for declaration of right, title and interest on the respondent no.2 over the suit land, for eviction of the respondent no.3 and the petitioners/appellants, for khas possession, etc. The said suit was disposed of by an ex parte decree dated 31.03.2016. The petitioners/ appellants had filed an application under Order IX Rule 13 CPC against the said ex parte decree, which was registered and numbered as Misc. (J) Case No.10/2017. The said application was accompanied by a petition under Section 5 of the Limitation Act, 1963, which was registered and numbered as Misc. (J) Case No.9/2017. The said Misc. (J) Case No.9/2017 was rejected by order dated 26.05.2017 by the learned Civil Judge, Lakhimpur, North Lakhimpur and consequently, Misc. (J) Case No.10/2017 under Order IX Rule 13 CPC was also dismissed. The said two